2.5 General District Courts

LibraryVirginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

2.5 GENERAL DISTRICT COURTS

2.501 In General. Pursuant to the authority vested in it by the Constitution of Virginia, 85 the General Assembly in 1973 enacted a substantial reorganization of the then-existing courts of limited jurisdiction. The commonwealth was divided into thirty-one territorial "districts," each containing a district court with limited subject matter jurisdiction within its own geographic boundaries. 86 The system of general district courts—also known as "courts not of record" 87 —in turn was divided into two categories of subject matter jurisdiction: general district courts and juvenile and domestic relations district courts.

The district courts have only original (trial) jurisdiction; they have no appellate jurisdiction. There is no right to jury trial in the district court. 88 All cases are heard by the district judge. All appeals are de novo to the circuit court.

2.502 General District Courts.

A. Civil Jurisdiction. The general district courts are given jurisdiction of "small claims" that do not exceed a value of $25,000 in controversy. 89 Such jurisdiction is exclusive for claims of $4,500 or less and is concurrent with the circuit court for claims between $4,500 and $25,000. 90

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The civil jurisdiction of the general district court also includes attachment claims up to $25,000, 91 partition of tangible personal property up to $25,000 in value, 92 actions for unlawful entry and detainer, 93 and mental incompetency commitment proceedings. 94 The general district court does not have jurisdiction to try title to land. 95

General district courts have concurrent jurisdiction with circuit courts to compel matters to arbitration as long as the amount in controversy is within the general district courts' jurisdictional limits. 96 A party who disagrees with a general district court's grant of arbitration may appeal that decision to a circuit court. 97

B. Criminal and Traffic Offenses. The general district court has original jurisdiction over adult misdemeanors and violations of the ordinances, laws, and bylaws of the counties, cities, or towns within its district, including traffic offenses. 98 The general district court also conducts preliminary hearings in felony cases. 99

2.503 Juvenile and Domestic Relations District Courts. The juvenile and domestic relations district courts have exclusive original jurisdiction, with limited statutory exceptions, of civil and criminal matters affecting juveniles 100 and, to a lesser extent, family members. The statutory grant of jurisdiction is comprehensive and detailed 101 and includes matters involving:

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1. Delinquents; 102
2. Children in need of supervision; 103
3. Abused or neglected children;
4. Juveniles charged with traffic offenses;
5. Abused spouses;
...

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